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Annual Report 2007 - Overview
1. Function & Purpose
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act, 1995.
Legal advice is any oral or written advice given by a solicitor or barrister, including writing letters and negotiations.
Legal aid is representation by a solicitor or barrister in court proceedings. A person must first obtain a legal aid certificate, which specifies the legal services being granted, and must pay the legal aid contribution specified on the certificate. Legal services are provided across a wide range of civil law matters with few exclusions.
2. Service Provision
Legal aid and advice are provided primarily through a network of law centres by solicitors employed by the Board. A complementary service is provided by solicitors in private practice who are engaged by the Board on a case-by-case basis.
The service is provided on a nationwide basis through 33 full-time and 12 part-time law centres, and includes 3 full-time law centres comprising the Refugee Legal Service (RLS).
The Board also operates a specialised Refugee Documentation Centre, which provides an independent and professional research and library service for all of the main bodies involved in the asylum process.
3. Obtaining Legal Services
A person seeking legal services must apply to any of the law centres set out at Appendix 2 and must complete an application form, stating the subject matter on which legal advice and/or aid is sought and giving details of income and any capital resources.
The Board seeks to ensure that a person who qualifies for legal services will be offered an appointment with a solicitor within a maximum period of 4 months from the time the application is completed. In certain cases, a priority service is provided.
4. Payment for Legal Services
All persons who are granted legal advice and/or legal aid must pay a contribution to the Board. The legal advice contribution is assessed on the applicant’s disposable income, i.e. income after certain deductions.
The legal aid contribution is assessed on the applicant’s disposable income and disposable capital. The minimum contribution is €10 for legal advice and €50 for legal aid. The law centre advises a person of the actual contribution in each individual case. In the event that a person recovers money or property arising from the case, the Board may seek to recover the cost to the Board of providing legal services to the client.
5. Head Office
The Board’s head office is located in Cahirciveen, County Kerry where some 50 staff are located. Some of the headquarter functions are also located in Dublin.
6. Governance Arrangements
The statutory Board is appointed by the Minister for Justice,
Equality and Law Reform and has responsibility for:
> the strategic direction of the organisation
> determining policy and monitoring its implementation
> overseeing the proper and effective management of the organisation
> monitoring the implementation of effective financial procedures and providing accountability
> approving and monitoring budgets, and
> making certain reserved decisions.
The Board normally consists of a chairperson and 12 ordinary members. The current Board was appointed in December 2006.
The Board continues to maintain the standards of corporate governance set out in the Code of Practice for the Governance of State Bodies. This involves:
> at Board level, the use of six committees to assist it in achieving its objectives and in the effective discharge of its responsibilities (see below)
> a defined division of roles between the Board, the Chairperson and the Chief Executive
> submission to the Minister of an annual report that meets the requirements of the Code
> an internal audit function that operates effectively and as required, and
>a code of conduct, which incorporates procedures to deal with any conflict of interest issues.
In 2007, the Board held 11 meetings – 7 of which were in Cahirciveen and 4 in Dublin. The committees of the Board met as
follows:
List of Committee & number of meetings held
Appeal Committee 13
Finance Committee 7
Audit Committee 6
Lawyers Committee 9
Human Resources Committee 3
Performance Committee 1
A Corporate Governance Manual was developed in 2006 to provide a clear and comprehensive summary of the principal aspects of corporate governance as it affects the Board and senior management.
It is also intended to ensure that Board members are fully informed of their legal responsibilities and that they are familiar with statutory provisions relevant to their position and the key organisational issues, policies and strategies that inform their role.
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